Case 2:06-cv-00148-MHM--LOA Document 9 Filed 08/16/2006 Page 1 of 19

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ORDER granting 8 Motion for Reconsideration, Clerk of Court must vacate entry of judgment in this action; granting 7 Motion for Leave to File a First Amended Complaint; First Amended Complaint is dismissed for failure to state a claim; pla has 30 days from the date this Order is filed to file a second amended complaint; if pla fails to comply with this order, Clerk must enter a judgment of dismissal of this action with prejudice that states the dismissal counts as a "strike" under 28 USC Sec 1915(g); Clerk must mail pla the court-approved form for filing a civil rights complaint by a prisoner. Signed by Judge Mary H Murguia on 8/15/06. (SBU) 2:2006cv00148 Arizona District Court

Case 2:06-cv-00148-MHM--LOA Document 9 Filed 08/16/2006 Page 1 of 19

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ORDER granting 8 Motion for Reconsideration, Clerk of Court must vacate entry of judgment in this action; granting 7 Motion for Leave to File a First Amended Complaint; First Amended Complaint is dismissed for failure to state a claim; pla has 30 days from the date this Order is filed to file a second amended complaint; if pla fails to comply with this order, Clerk must enter a judgment of dismissal of this action with prejudice that states the dismissal counts as a "strike" under 28 USC Sec 1915(g); Clerk must mail pla the court-approved form for filing a civil rights complaint by a prisoner. Signed by Judge Mary H Murguia on 8/15/06. (SBU) 2:2006cv00148 Arizona District Court

Proctor v. Maricopa County Health Services et al Doc.

1 WO SC 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Jerime Antwon Proctor, ) No. CV 06-148-PHX-MHM (LOA) ) 10 Plaintiff, ) ORDER ) 11 vs. ) ) 12 Sheriff Joseph Arpaio, et al., ) ) 13 Defendants. ) ) 14 Plaintiff Jerime Antwon Proctor, who is confined in Maricopa County’s Fourth 15 Avenue Jail, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983, with an 16 application to proceed in forma pauperis. (Doc.# 1.)1 The Court granted Plaintiff’s 17 application to proceed in forma pauperis and dismissed the Complaint with leave to amend 18 within 30 days from the date that Order was filed, or May 21, 2006. (Doc.# 4.) Plaintiff 19 failed to comply and judgment was entered dismissing this action on June 7, 2006. (Doc.# 20 6.) Two days later, Plaintiff filed a motion for leave to amend with a First Amended 21 Complaint. (Doc.# 7.) He subsequently filed a motion for reconsideration of the dismissal 22 of this action. (Doc.# 8.) The Court will grant the motion for reconsideration and vacate 23 judgment of dismissal in the action. The Court will dismiss the First Amended Complaint 24 for failure to state a claim against the named Defendants and grant Plaintiff a final 25 opportunity to amend. 26 27 1 “Doc.#” refers to the docket number of documents filed in this case. JDDL-K 28

Case 2:06-cv-00148-MHM--LOA Document 9 Filed 08/16/2006 Page 1 of 19

Dockets.Justia.com 1 I. Motion for Reconsideration 2 Plaintiff filed a motion for reconsideration, presumably referring to the dismissal of 3 this action and entry of judgment. (Doc.# 8.) He asserts that there was a filing error by the 4 officers at his institution that resulted in his First Amended Complaint not being timely 5 submitted to the Court. (Id.) The Court will grant Plaintiff’s motion and vacate the entry of 6 judgment dismissing this action. 7 II. Statutory Screening of Prisoner Complaints 8 The Court is required to screen complaints brought by prisoners seeking relief against 9 a governmental entity or an officer or an employee of a governmental entity. 28 U.S.C. 10 § 1915A(a). The Court must dismiss a complaint, or portion thereof, if a plaintiff has raised 11 claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief 12 may be granted, or that seek relief from a defendant who is immune from such relief. 28 13 U.S.C. § 1915A(b)(1),(2). If the Court determines that a pleading could be cured by the 14 allegation of other facts, a pro se litigant is entitled to an opportunity to amend the 15 complaint before dismissal of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th 16 Cir. 2000) (en banc). The Court should not, however, advise the litigant how to cure the 17 defects. This type of advice “would undermine the district judges’ role as impartial 18 decisionmakers.” Pliler v. Ford, 542 U.S. 225, 231 (2004); see also Lopez, 203 F.3d at 1131 19 n.13 (declining to decide whether court was required to inform litigant of deficiencies). 20 Plaintiff’s First Amended Complaint will be dismissed for failure to state a claim with leave 21 to amend because it may possibly be saved by amendment.

22 III. First Amended Complaint

23 Plaintiff alleges that he was denied constitutionally adequate medical care as an

25 a member of the Maricopa County Board of Supervisors.

26 Plaintiff alleges the following facts. While an inmate at the Fourth Avenue Jail,

27 28

JDDL-K -2- Case 2:06-cv-00148-MHM--LOA Document 9 Filed 08/16/2006 Page 2 of 19 1 the Jail dental clinic extracted two of Plaintiff’s teeth.2 Two or three days later, Plaintiff 2 noticed swelling in his lower jaw and he began “constantly” filing medical requests as the 3 swelling and pain increased. Plaintiff alleges that he received no response to his medical 4 requests, but that seven or eight days later he spoke to a nurse on rounds who told him the 5 swelling was not normal and that he needed “serious medical attention.” Plaintiff alleges 6 this nurse told him that she had to “beg” unidentified persons before she finally was able 7 to have Plaintiff transported to the hospital. After reaching the hospital, Plaintiff received 8 antibiotics for two or three days but required surgery to drain an abscess, which he was 9 told could have been fatal. Plaintiff does not allege when he was taken to the hospital, 10 but he does allege that he now has a scar on his neck. He seeks compensatory damages

11 for the scar and his pain and suffering.

12 IV. Failure to State a Claim

13 “To sustain an action under section 1983, a plaintiff must show (1) that the

14 conduct complained of was committed by a person acting under the color of state law;

15 and (2) that the conduct deprived the plaintiff of a federal constitutional or statutory

20 violations of his subordinates if the supervisor participated in or directed the violations, or

23 show that an individual was personally involved in the deprivation of his civil rights.”

24 Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998).

25 As the Court stated in its previous Order, to state a claim regarding medical care, a

26 plaintiff must allege facts that, if proven, establish that a defendant acted with deliberate

27 2 28 Plaintiff indicates in one portion of his First Amended Complaint that he experienced swelling of his lower jaw before the extraction of the two teeth. (Doc.# 6 at 4A.)JDDL-K -3- Case 2:06-cv-00148-MHM--LOA Document 9 Filed 08/16/2006 Page 3 of 19 1 indifference to the plaintiff’s serious medical needs. (Doc.# 4 at 3.) As the Court stated: 2 To act with deliberate indifference, the defendant must both know of and disregard an excessive risk to inmate health; the official must both be aware 3 of facts from which the inference could be drawn that a substantial risk of serious harm exists and he must also draw the inference. Farmer v. Brennan, 4 511 U.S. 825, 837 (1994). In the medical context, deliberate indifference in the medical context may be shown by a purposeful act or failure to respond to 5 a prisoner’s pain or possible medical need and harm caused by the indifference. Jett, 439 F.3d at 1096. Indifference may be shown when an 6 official denies, delays, or intentionally interferes with treatment, or it may be shown by the way in which medical professionals provide the care. Id. 7 (Doc.# 4 at 3.)3 The Court dismissed the Complaint because Plaintiff failed to set forth “any 8 allegations against [then-Defendant Maricopa County Health Services or Sheriff Arpaio] to 9 show how they acted with deliberate indifference to his serious medical needs.”4 (Doc.# 4 10 at 3-4.) 11 In his First Amended Complaint, Plaintiff alleges that Arpaio is a “supervisor” and 12 “responsible for health care and needs of pretrial detainees” and that he “directly participated 13 and/or was grossly negligent.” (Doc.# 6 at 2.) However, Plaintiff fails to set forth any facts 14 supporting that Sheriff Arpaio was aware of, much less personally participated in, any 15 violation of Plaintiff’s constitutional rights. Nor does Plaintiff allege that Arpaio established 16 a policy, practice or custom that resulted in the violation of Plaintiff’s constitutional rights. 17 That is, Plaintiff fails to set forth facts that if proven would show that Arpaio acted with 18 deliberate indifference to Plaintiff’s serious medical needs. However, because Plaintiff may 19 be able to allege such facts, he will be granted a final opportunity to amend. 20 Plaintiff also names Mary Rose Wilcox as a Defendant. He alleges that Wilcox was 21 22 3 23 A delay in receiving medical care, without more, is insufficient to state a claim against prison officials for deliberate indifference unless the plaintiff can show that the delay 24 in treatment harmed him. Shapley v. Nevada Bd. of State Prison Comm’rs, 766 F.2d 404, 25 407 (9th Cir. 1985). Further, “‘[m]ere negligence in diagnosing or treating a medical condition, without more, does not violate a prisoner’s Eighth Amendment rights.’” Lopez 26 v. Smith, 203 F.3d 1122, 1132 (9th Cir. 2000) (en banc) (quoting Hutchinson v. United 27 States, 838 F.2d 390, 394 (9th Cir. 1988)). 4 28 Plaintiff did not name Maricopa County Health Services as a Defendant from his First Amended Complaint or set forth any facts as to it.JDDL-K -4- Case 2:06-cv-00148-MHM--LOA Document 9 Filed 08/16/2006 Page 4 of 19 1 “grossly negligent and or learned of problems and failed to fix situation; and or created a 2 custom or policy allowing or encouraging the illegal acts.” (Doc.# 6 at 2.) The allegation 3 that Wilcox knew of but failed to correct “problems,” that she was “grossly negligent” or that 4 she created a custom or policy allowing or encouraging “illegal acts” are conclusory and 5 unsupported by factual allegations. Plaintiff fails to identify the custom or policy created by 6 Wilcox that allowed or encouraged any illegal act or the connection between such policy and 7 the harm Plaintiff alleges that he suffered as a consequence. Again, because Plaintiff may 8 be able to allege such facts, he will be granted a further opportunity to amend. 9 V. Leave to Amend 10 For the foregoing reasons, Plaintiff’s First Amended Complaint will be dismissed for 11 failure to state a claim upon which relief may be granted. Within 30 days, Plaintiff may 12 submit a second amended complaint to cure the deficiencies outlined above. The Clerk of 13 Court will mail Plaintiff a court-approved form to use for a second amended complaint. If 14 Plaintiff fails to use the court-approved form, the Court may strike the amended complaint 15 and dismiss this action without further notice to Plaintiff. 16 Plaintiff must clearly designate on the face of the document that it is the “Second 17 Amended Complaint.” The second amended complaint must be retyped or rewritten in its 18 entirety on the court-approved form and may not incorporate by reference any part of any 19 prior complaint. Plaintiff may include only one claim per count. 20 A second amended complaint supersedes prior complaints. Ferdik v. Bonzelet, 963 21 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 22 1546 (9th Cir. 1990). After amendment, the Court will treat prior complaints as nonexistent. 23 Ferdik, 963 F.2d at 1262. Any cause of action that was raised in a prior complaint is waived 24 if it is not raised in later amended complaint. King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 25 1987). 26 VI. Warnings 27 A. Release 28 Plaintiff must pay the unpaid balance of the filing fee within 120 days of his release.

JDDL-K -5- Case 2:06-cv-00148-MHM--LOA Document 9 Filed 08/16/2006 Page 5 of 19 1 Also, within 30 days of his release, he must either (1) notify the Court that he intends to pay 2 the balance or (2) show good cause, in writing, why he cannot. Failure to comply may result 3 in dismissal. 4 B. Address Changes 5 Plaintiff must file and serve a notice of a change of address 10 days before the move 6 is effective, if practicable. See LRCiv 83.3(d). Plaintiff must not include a motion for other 7 relief with a notice of change of address. Failure to comply may result in dismissal. 8 C. Copies 9 Plaintiff must submit an additional copy of every document that he files for use by the 10 Court. See LRCiv 5.4. Failure to comply may result in the filing being stricken without 11 further notice to Plaintiff. 12 D. Possible “Strike” 13 Because the Complaint has been dismissed for failure to state a claim, if Plaintiff fails 14 to file an amended complaint correcting the deficiencies identified in this Order, the 15 dismissal will count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g). 16 Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil 17 judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more prior 18 occasions, while incarcerated or detained in any facility, brought an action or appeal in a 19 court of the United States that was dismissed on the grounds that it is frivolous, malicious, 20 or fails to state a claim upon which relief may be granted, unless the prisoner is under 21 imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). 22 E. Possible Dismissal 23 Plaintiff is warned that failure to timely comply with every provision of this Order, 24 including these warnings, may result in dismissal of this action without further notice. See 25 Ferdik, 963 F.2d at 1260-61 (a district court may dismiss an action for failure to comply with 26 any order of the Court). 27 IT IS ORDERED: 28 (1) Plaintiff’s motion for reconsideration is granted and the Clerk of Court must

JDDL-K -6- Case 2:06-cv-00148-MHM--LOA Document 9 Filed 08/16/2006 Page 6 of 19 1 vacate entry of judgment in this action. (Doc.# 8.) 2 (2) Plaintiff’s motion for leave to file a First Amended Complaint (doc.# 7) is 3 granted and the First Amended Complaint is dismissed for failure to state a claim. Plaintiff 4 has 30 days from the date this Order is filed to file a second amended complaint in 5 compliance with this Order. 6 (3) If Plaintiff fails to file a second amended complaint within 30 days, the Clerk of 7 Court must, without further notice, enter a judgment of dismissal of this action with prejudice 8 that states that the dismissal counts as a “strike” under 28 U.S.C. § 1915(g). 9 (4) The Clerk of Court must mail Plaintiff the court-approved form for filing a civil 10 rights complaint by a prisoner. 11 DATED this 15th day of August, 2006. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JDDL-K -7- Case 2:06-cv-00148-MHM--LOA Document 9 Filed 08/16/2006 Page 7 of 19 INFORMATION AND INSTRUCTIONS FOR A PRISONER FILING CIVIL RIGHTS COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

I. General Information About the Civil Rights Complaint Form:

A. The Form. The civil rights complaint form is designed to help prisoners prepare acomplaint seeking relief for a violation of their federal civil rights. Local Rule of Civil Procedure3.4(a) requires that prisoner civil rights complaints be filed on the court-approved form. Yourcomplaint must be typewritten or legibly handwritten. All information must be clearly andconcisely written, only in the space provided on the form. If needed, you may attach no morethan fifteen additional pages of standard letter size paper to continue any part of the complaint.You must identify which part of the complaint is being continued and number all pages.

B. Your Signature. You must sign the complaint. Your signature constitutes a certificate that:1) you have read the complaint; 2) to the best of your knowledge, information and belief formedafter reasonable inquiry it is well grounded in fact and law; and 3) it is not being filed for anyimproper purpose. Please review Rule 11 of the Federal Rules of Civil Procedure. Rule 11provides for the imposition of sanctions if the complaint is signed in violation of the Rule.

C. The Filing Fee. You must pay the $250.00 filing fee. If you are unable to pay the filingfee when the complaint is filed, you may request leave to proceed in forma pauperis. Pleasereview the "Information for Prisoners Seeking Leave to Proceed with a (Non-Habeas) CivilAction in Federal Court In Forma Pauperis Pursuant to 28 U.S.C. § 1915" for moreinformation.

D. Court Divisions. If you resided in Maricopa, Pinal, Yuma, La Paz, or Gila county whenyour rights were allegedly violated, you should file your complaint in the Phoenix Division ofthe court. If you resided in Apache, Navajo, Coconino, Mohave, or Yavapai county when yourrights were allegedly violated, you should file your complaint in the Prescott Division of thecourt. If you resided in Pima, Cochise, Santa Cruz, Graham, or Greenlee county when yourrights were allegedly violated, you should file your complaint in the Tucson Division of the court.See LRCiv 5.1(a) and 77.1(a).

You should mail THE ORIGINAL AND ONE COPY of your complaint with the$250.00 filing fee or the application to proceed in forma pauperis to:

Phoenix & Prescott Divisions: OR Tucson Division:

U.S. District Court Clerk U.S. District Court Clerk

U.S. Courthouse, Suite 321 U.S. Courthouse, Suite 1500

Revised 2/7/05 1

Case 2:06-cv-00148-MHM--LOA Document 9 Filed 08/16/2006 Page 8 of 19

E. Certificate of Service on Defendants. You must furnish the opposing party or their attorneywith a copy of any document you submit to the court (except the initial complaint andapplication to proceed in forma pauperis). Pursuant to Rules 5(a) and (d) of the Federal Rulesof Civil Procedure, each original document (except the initial complaint and application for leaveto proceed in forma pauperis) must include a certificate of service on the last page of thedocument stating the date a copy of the document was mailed to the opposing party or theirattorney and the address to which it was mailed. Any document received by the court whichdoes not include a certificate of service may be stricken. A certificate of service should be inthe following form:

I hereby certify that a copy of the foregoing document was mailed

this day of (month) , (year) , to: Name: Address: Attorney for Defendant(s)/Respondent(s)

(Signature)

F. Original and Judge's Copy. You must furnish an original and one copy of any documentsubmitted to the court. You must furnish one additional copy to the clerk if you wish to havea file-stamped copy of the document returned to you. All copies must be identical to theoriginal.

G. Exhibits. You should not submit exhibits with the complaint. Instead, the relevantinformation should be paraphrased in the complaint. You should keep the exhibits to use tosupport or oppose a motion for summary judgment or at trial.

H. Change of Address. You must immediately notify the clerk and the opposing party or theirattorney in writing of any change in your mailing address. Failure to notify the court of anychange in your mailing address may result in the dismissal of your case.

I. Amended Complaint. If you need to change any of the information in the initial complaint,you must file an amended complaint. The amended complaint must be written on the court-approved civil rights complaint form. Rule 15(a) of the Federal Rules of Civil Procedure allowsyou to file one amended complaint prior to any defendant filing an answer. After any defendanthas filed an answer, you must file a motion for leave to amend and lodge a proposed amendedcomplaint. Local Rule of Civil Procedure 15.1(a)(2) prohibits any amended pleading fromreferencing any prior pleading. Further, any allegations or defendants not included in the

Case 2:06-cv-00148-MHM--LOA Document 9 Filed 08/16/2006 Page 9 of 19

amended complaint are considered dismissed.

J. Letters and Motions. It is generally inappropriate to write a letter to any of the DistrictJudges, Magistrates Judges, or the staff of any of the judicial officers. The appropriate way tocommunicate with these persons is by filing a written pleading or motion. II. Completing the Civil Rights Complaint Form:

2. Defendants. Print the names of each of your defendants. If you name more than four defendants, you should print the name of one defendant and "see additional page for defendants" in the space provided. On the additional page you must list the names of all of the defendants. This additional page should be inserted after page 1 and numbered as page "1-A" at the bottom of the page. The initial complaint must contain the names of all of the parties (plaintiffs as well as defendants) in the heading (or on the additional page if more than four defendants). See Rule 10(a) of the Federal Rules of Civil Procedure.

3. Jury Demand. If you want a jury trial, you must write "JURY TRIAL DEMANDED" on the line below "CIVIL RIGHTS COMPLAINT BY A PRISONER.” Failure to do so will result in the loss of the right to a jury trial. A jury trial is not available if you are seeking only injunctive relief.

Part A. JURISDICTION: 1. Nature of Suit. Mark whether you are filing the complaint pursuant to 42 U.S.C. § 1983 for state, county, or city defendants; "Bivens v. Six Unknown Federal Narcotics Agents" for federal defendants; or "other." If you mark "other," identify the source of that authority.

2. Plaintiff. Print all of the requested information on the spaces provided. Identify the institution and city where the alleged violation of your rights occurred.

3. Defendants. Print all of the requested information about each of the defendants in the spaces provided. If you are naming more than four defendants, you must provide the necessary information about each additional defendant on a separate page. Label the page(s) as "2-A," "2-B," etc., at the bottom of the page and insert the additional page(s) immediately behind page 2.

Part B. PREVIOUS LAWSUITS:

You must identify any other lawsuit you have filed in either state or federal court whileyou were a prisoner. Print all of the requested information about each lawsuit in the spacesprovided. If you have filed more than three lawsuits, you must provide the necessary

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information about each additional lawsuit on a separate page. Label the page(s) as "2-A," "2-B," etc., at the bottom of the page and insert the additional page(s) immediately behind page2.

Part C. CAUSE OF ACTION:

You must identify what rights the defendant(s) violated. The form provides space toallege three separate counts (one violation per count). If you are alleging more than threecounts, you must provide the necessary information about each additional count on a separatepage. Number the additional pages "5-A", "5-B", etc., and insert them immediately behindpage 5. Remember that you are limited to a total of fifteen additional pages.

1. Counts. You must identify which civil right was violated. YOU MAY ALLEGE THE VIOLATION OF ONLY ONE CIVIL RIGHTS CLAIM PER COUNT.

2. Issue Involved. Check the box that most closely identifies the issue involved in your claim. YOU MAY CHECK ONLY ONE BOX PER COUNT. If you check the box marked “Other,” you must identify the specific issue involved in the space provided.

3. Supporting Facts. After you have identified which civil right was violated, you need to state the supporting facts. Be as specific as possible. You must state what each individual defendant did to violate your rights. If there is more than one defendant, you need to identify which defendant did what act. You also need to state the date(s) on which the act(s) occurred if possible.

4. Injury. State precisely how you were injured by the alleged violation of your rights.

5. Administrative Remedies. Exhaustion of administrative remedies is a prerequisite

to filing a civil rights complaint. 42 U.S.C. § 1997e requires prisoners to exhaust the available administrative remedies before being allowed to file a civil rights action. Consequently, you must disclose whether you have exhausted the inmate grievance procedures or administrative appeals for each count in your complaint. If one of your counts is exempt from the grievance procedures or administrative appeals, fully explain the exemption on the lines provided.

Part D. REQUEST FOR RELIEF:

Print the relief you are seeking in the space provided.

SIGNATURE: You must sign your name and print the date you signed the complaint. Your signaturemust be an original signature, not a photocopy.

FINAL NOTE You should follow these instructions carefully. Failure to do so may result in yourcomplaint being stricken or dismissed by the court. All questions must be answered concisely

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in the proper space on the form. If needed, you may attach no more than fifteen additionalpages. The form, however, must be completely filled in to the extent applicable. If you attachadditional pages, be sure to identify which section of the complaint is being continued andnumber the pages.

5. Third prior lawsuit:

. e. Disposition: (For example: Was the case dismissed? Was it appealed? Is it still pending?) . f. Approximate date lawsuit was filed: . g. Approximate date of disposition: .

(If you filed more than three lawsuits, answer the questions listed above for each additional lawsuit on a separate page.) 3

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C. CAUSE OF ACTION

COUNT I1. The following constitutional or other federal civil right has been violated by the Defendant(s):

2. Count I involves: (Check only one; if your claim involves more than one issue, each issue should be stated in a different count) G Mail G Access to the court G Medical care G Disciplinary proceedings G Property G Exercise of religion G Retaliation G Excessive force by an officer G Threat to safety G Other: .

3. Supporting Facts: (State as briefly as possible the FACTS supporting Count I. Describe exactly what eachDefendant did or did not do to violate your rights. State the facts clearly in your own words without citing legalauthority or arguments).

4. Injury: (State how you have been injured by the actions or inactions of the Defendant(s)).

5. Administrative Remedies: a. Are there any administrative remedies (grievance procedures or administrative appeals) available at your institution? G Yes G No b. Did you submit a request for administrative relief on Count I? G Yes G No c. Did you appeal your request for relief on Count I to the highest level? G Yes G No d. If you did not submit or appeal a request for administrative relief to the highest level, briefly explain why you did not. .

3. Supporting Facts: (State as briefly as possible the FACTS supporting Count II. Describe exactly whateach Defendant did or did not do to violate your rights. State the facts clearly in your own words without citinglegal authority or arguments).

4. Injury: (State how you have been injured by the actions or inactions of the Defendant(s)).

5. Administrative Remedies: a. Are there any administrative remedies (grievance procedures or administrative appeals) available at your institution? G Yes G No b. Did you submit a request for administrative relief on Count II? G Yes G No c. Did you appeal your request for relief on Count II to the highest level? G Yes G No d. If you did not submit or appeal a request for administrative relief to the highest level, briefly explain why you did not. .

3. Supporting Facts: (State as briefly as possible the FACTS supporting Count III. Describe exactly whateach Defendant did or did not do to violate your rights. State the facts clearly in your own words without citinglegal authority or arguments).

4. Injury: (State how you have been injured by the actions or inactions of the Defendant(s)).

5. Administrative Remedies: a. Are there any administrative remedies (grievance procedures or administrative appeals) available at your institution? G Yes G No b. Did you submit a request for administrative relief on Count III? G Yes G No c. Did you appeal your request for relief on Count III to the highest level? G Yes G No d. If you did not submit or appeal a request for administrative relief to the highest level, briefly explain why you did not. .

(If you assert more than three Counts, answer the questions listed above for each additional Count on a separate page.)

I declare under penalty of perjury that the foregoing is true and correct.

Executed on DATE SIGNATURE OF PLAINTIFF

(Name and title of paralegal, legal assistant, or

other person who helped prepare this complaint)

(Signature of attorney, if any)

(Attorney’s address & telephone number)

ADDITIONAL PAGES

All questions must be answered concisely in the proper space on the form. If needed, you may attach no morethan fifteen additional pages. The form, however, must be completely filled in to the extent applicable.